https://www.taxtmi.com/caselaws?id=305978 Software distribution receipts were held not to be royalty taxable in India because payments by Indian distributors or end-users to a non-resident supplier for resale or use of software through distribution agreements fall outside royalty under Engineering Analysis, and the receipts were therefore not taxable under the Act or treaty. The Tribunal also rejected the dependent agent and fixed place permanent establishment allegations, finding them unsupported by the contractual record and transfer pricing study; once the Indian affiliate's transactions were accepted at arm's length, no further profits could be attributed to any alleged PE under Morgan Stanley and E-Funds. Interest under section 234B was remanded for fresh consideration. en-us Wed, 27 Jul 2022 00:00:00 +0530 Mon, 02 Jan 2023 21:14:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305978 Software distribution receipts were held not to be royalty taxable in India because payments by Indian distributors or end-users to a non-resident supplier for resale or use of software through distribution agreements fall outside royalty under Engineering Analysis, and the receipts were therefore not taxable under the Act or treaty. The Tribunal also rejected the dependent agent and fixed place permanent establishment allegations, finding them unsupported by the contractual record and transfer pricing study; once the Indian affiliate's transactions were accepted at arm's length, no further profits could be attributed to any alleged PE under Morgan Stanley and E-Funds. Interest under section 234B was remanded for fresh consideration. Case-Laws Income Tax Wed, 27 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305978